Colorado Code § 37-46-112

Petition
Open in Lexace · Ask the AI about this section
(1) Except as specified in section 37-46-114.5, before any
subdistrict is established under this article, a petition shall be filed in the office of the clerk of the
district court of the county in which the territory to be included in the subdistrict, or the greater
part of the territory is located, signed by the board of directors of the district or by a majority of
the owners of land located within the limits of the territory proposed to be organized into a
subdistrict.
(2) The petition shall set forth:
(a) The proposed name of said subdistrict, whether it shall be designated "Water Users'
Association No. .... in the Colorado River Water Conservation District", or "Special
Improvement District No. .... in the Colorado River Water Conservation District";
(b) That property within the proposed subdistrict will be benefited by the proposed
reservoirs, ditches, canals, works, or other improvements and shall set forth in a general way the
nature and estimated cost thereof, together with a general statement of the nature of the
anticipated benefits to be derived therefrom;
(c) A full description of the territory to be included in the proposed subdistrict. The
description need not be given by metes and bounds or by legal subdivision, but it shall be
sufficient to enable a property owner to ascertain whether his property is within the territory
proposed to be organized in a subdistrict. Such territory need not be contiguous, if it is so
situated that the organization as a single subdistrict of the territory described is such as to
promote one or more of the objectives of this article as to all parts of the area proposed to be
included.
(d) A general description of the methods proposed to finance the proposed works or
other improvements, whether by revenue warrants pledging the income from the proposed
works, special improvement bonds to be paid by special assessments on the property benefited in
an amount on each tract of land not in excess of the appraised benefits, contracts of water users
or water users' associations creating liens or mortgages on lands within the subdistrict, or general
obligation bonds constituting a lien against the real property embraced in such subdistrict, and
which indebtedness shall never be an obligation of the district itself. If general obligations are
proposed, the petition shall allege and show that all lands in the subdistrict will be benefited in
an amount not less than the total amount of general obligation bonds to be issued exclusive of
interest.
(e) If such a petition is filed by the board of directors of the district, it shall contain a
statement to the effect that a majority of the landowners of the territory in the proposed
subdistrict petitioned the board of directors to organize said subdistrict, and a copy of the
petition of said landowners shall be attached as an exhibit to the petition for organization of the
subdistrict.
(f) The petition shall pray for the organization of a subdistrict by the name proposed.
(3) To determine whether a majority of landowners in said district have signed the
petition, in the event the petition is signed by landowners, or have petitioned the board of
directors of the district, in the event the petition is filed by the board of directors, the court may
require the county treasurer of each county in which territory proposed to be included in said
subdistrict is situated to furnish a certified list of names of landowners within said area, and the
court shall be governed by the names as they appear upon said copy of the tax roll, and the same
shall be prima facie evidence of ownership, and, if said tax roll shows a majority of the
landowners have signed the main petition or petitioned the district for said organization, the
same shall be considered as prima facie evidence that a majority of said landowners are in favor
of the organization of said proposed subdistrict.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.